DOCSLIB.ORG

Frequently Asked Questions About Day of Silence

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Frequently Asked Questions About Day of Silence Frequently Asked Questions about Day of Silence What is the Day of Silence? The Day of Silence (DOS) is a student-led day of action on which those who support making anti-LGBT bullying and harassment unacceptable in schools participate in events to recognize and protest the discrimination and harassment – in effect, the silencing – experienced by lesbian, gay, bisexual and transgender (LGBT) students and their allies. Students who participate in DOS often take a vow of silence during the school day, handing out “speaking cards”, which explain the reason for their silence: “Please understand my reasons for not speaking today. I am participating in the Day of Silence, a national youth movement protesting the silence faced by lesbian, gay, bisexual and transgender people and their allies in schools. My deliberate silence echoes that silence, which is caused by harassment, discrimination, and prejudice. I believe that ending the silence is the first step towards fighting these injustices. Think about the voices you are not hearing today. What are you doing to end the silence?” Who started the Day of Silence, and who sponsors it today? The Day of Silence was first organized in 1996 by a group of students at the University of Virginia. Created for a class project on nonviolent protest, over 150 students participated that first year. In 1997, organizers took their efforts to the national level and students on nearly 100 campuses and colleges participated. In 2001, the Gay, Lesbian and Straight Education Network (GLSEN) became the official organizational sponsor with new funding, staff and volunteers. Although GLSEN supports students’ efforts to organize Day of Silence activities in their schools, DOS is still very much a student-led event. Why is there a need for Day of Silence, and how is it helpful? A national school climate survey conducted by GLSEN in 2009 found that four out of five LGBT students reported verbal, sexual or physical harassment at school and a third reported missing at least one day of school in the past month out of fear for their personal safety. Day of Silence gives hundreds of thousands of students in over 9,000 schools across the country an opportunity to stand together and “speak out” against the endemic name-calling, bullying and harassment faced by LGBT students and their allies.1 Can a school legally stop students from participating in Day of Silence? While a school does not have to officially “sponsor” Day of Silence activities, or even support them, it is every student’s First Amendment right to participate in a silent protest. Students who voluntarily participate in Day of Silence should be aware that there may be academic or disciplinary consequences for refusing to speak during the school day. Most students who choose to participate in DOS make advance arrangements with their teachers to make up any schoolwork or participation points they miss out on during DOS. Day of Silence is not just an excuse to skip out on participating in class. Doesn’t Day of Silence disrupt the school day, thus interfering with other students’ learning? The First Amendment allows schools to restrict speech that is lewd, vulgar, indecent, clearly offensive, or that substantially interferes with the work of the school or the rights of other students. However, the unpopularity of a particular viewpoint has been rejected by the courts as justification for preventing student speech (or silence). When other students or community members try to disrupt the individual rights of students or Day of Silence activities, the appropriate response would be to address the disruptive behavior of those opponents. While a school may address student activities that are truly disruptive, 1 Adapted from the official Day of Silence® website at http://www.dayofsilence.org courts have not allowed districts to prohibit students (and Gay-Straight Alliances) from organizing events because of negative community sentiment or other potentially disruptive responses.2 What about students whose moral, political, or philosophical views tell them that being LGBT is wrong? Aren’t they being “silenced” on Day of Silence? While it is every student’s First Amendment right to voice his/her personal beliefs about being LGBT, school districts have a responsibility to protect every student equally from genuinely threatening, demeaning, and harassing speech and behavior. Day of Silence is not intended to “promote homosexuality” or encourage other students to be gay. Rather, the intent of Day of Silence is to call attention to the fact that many LGBT people and students face harassment and discrimination on a daily basis. If a group of students want to organize a “Day of Dialogue” in response to “Day of Silence” and share their personal views on being LGBT, they have every right to do that, provided they are not using their words or actions to create unsafe or hostile learning environments for another group. What are my school’s legal responsibilities to protect LGBT students? In addition to the First Amendment, which grants every student the right to free expression (being “out” at school, taking a same-sex date to prom, wearing a “gay pride” t-shirt), Wisconsin public school students are also protected by state statute 118.13. 118.13 states that “no person may be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.” Each public school in WI is required to have written policies that prohibit discrimination (defined as harassment, stereotyping or bias) against pupils for any of the reasons listed above, and they must have a way for students to file complaints of discrimination.3 Additionally, LGBT students are protected by the Equal Protection Clause of the 14th Amendment, which says that “no state shall…deny to any person within its jurisdiction the equal protection of the laws.” This guarantees that all students have a federal, constitutional right to equal protection under the law, which means that schools have a duty to protect LGBT students from harassment on an equal basis with all other students. Right here in Wisconsin, a gay student sued his school under the Equal Protection Clause in 1996 for failing to protect him from severe physical harassment from his classmates. 4 What about Gay-Straight Alliances? Some people feel that they have no place in public schools. There are many misconceptions about Gay-Straight Alliances, or GSAs. Some people believe that they are formed by an outside organization to “recruit” and “push the gay agenda”, while other people believe that GSAs are a place for students to talk about sexual activity. Just like any other non-curricular club, GSAs are usually student-initiated, and are made up of a diverse population. It is not uncommon to see a GSA with all straight-identified members. The mission of each GSA will vary from club to club, but the vast majority form to: 1) provide a safe social space for students to talk about issues of identity; 2) work to educate one another and the larger school community about LGBT issues and LGBT equality; and 3) advocate for safer and more inclusive learning environments for LGBT students and their allies. Regardless of how an individual feels about being LGBT or GSAs, the law is clear: If a school district allows for the formation of any non-curricular club, it must (within reason) allow for the formation of all non-curricular clubs. The Equal Access Act has ruled time and time again that a school cannot ban a GSA based on issues of morality, philosophy, or politics if the GSA doesn’t interfere with the orderly conduct of educational activities in the school. It is unlawful to treat a GSA differently than any other club. 2 Adapted from “Dealing with Legal Matters Surrounding Students’ Sexual Orientation and Gender Identity” at http://www.nsba.org/cosa/sexualorientation 3 Adapted from “Wisconsin’s Pupil Nondiscrimination Law” brochure on the Department of Public Instruction website at http://dpi.state.wi.us/sped/pdf/pndbrochure.pdf 4 Nabozny v. Podlesny (Seventh Circuit Federal Appeals Court, 1996) .
Load more

Recommended publications
  • National Day of Silence: the Freedom to Speak (Or Not) Frequently Asked Questions, Answered by Lambda Legal
    National Day of Silence: The Freedom to Speak (Or Not) Frequently Asked Questions, Answered by Lambda Legal March 2018 April 27, 2018 is the National Day of Silence, a student-led action sponsored by the Gay, Lesbian and Straight Education Network (GLSEN) in which thousands of students around the country will remain silent for all or part of the school day to call attention to the harassment and discrimination faced by lesbian, gay, bisexual and transgender youth. Over the years, GLSEN and Lambda Legal have heard from hundreds of students, parents and allies who have encountered resistance from their schools and school officials in response to their efforts to participate in Day of Silence activities. The purpose of this FAQ is to provide information about the rights of students to participate in the Day of Silence and what to do if school officials interfere with those rights. Do students have the right to participate in and Do students have a right to display posters and advocate for the Day of Silence? make announcements about the Day of Silence? In most circumstances, yes. Under the Constitution, public In many circumstances, yes. If a public school generally schools must respect students’ right to free speech.1 The allows students or student organizations to display posters right to speak includes the right not to speak, as well as the or make announcements on the public address system—the right to wear buttons or T-shirts expressing support for a school may not deny or otherwise restrict your right to cause. This does not mean students can say—or not say— display posters or use the PA system based on your anything they want at all times.
    [Show full text]
  • 2020-2021 Calendar
    2020-2021 CALENDAR www.gsanetwork.org REGISTER YOUR GSA every year to receive resources, news, and information to strengthen your GSA club! Be sure to add your advisor and club leaders’ This names and contact information: www.gsanetwork.org/gsa-registration/ Month Get free LGBTQ+ films for your GSA to watch as a group! Register for Youth in September Motion: www.frameline.org/youth-motion 2020 LGBTQ+ LATINX HISTORY MONTH th Sep 15 - Celebrate the accomplishments of LGBTQ+ Latinx figures, like trans activist Oct 15th Sylvia Rivera & undocumented trans activist Jennicet Gutiérrez. Find more ideas on how to uplift LGBTQ+ Latinx activists in ourresource library. This LGBTQ+ HISTORY MONTH Celebrate by teaching your school about our community’s history: Month www.gsanetwork.org/resources/lgbt-history-month/ ALLY WEEK October th th This youth-led weeklong event aims to shed light on the experiences of 2020 5 -9 LGBTQ+ students in schools. Challenge and invite straight cisgender students and adults to build support with LGBTQ+ youth in their communities. INTERSEX AWARENESS DAY th This international day of awarness marks the anniversary of the first intersex 26 protest in the United States in 1996. Check out resources from InterAct: www.interactadvocates.org/intersex-awareness-day/ This LGBTQ+ NATIVE AMERICAN HERITAGE MONTH Celebrate and uplift the accomplishments of historical and contemporary Month LGBTQ+ Native American figures. November 2020 INTERSEX DAY OF SOLIDARITY th Today marks Herculine Barbin’s birthday, a French intersex person whose 8 memoirs were published posthumously. Show your solidarity by honoring historical and contemporary intersex activists & writers. GSA DAY FOR GENDER JUSTICE - #GSADay4GJ This is an annual day of action to mobilize for gender justice & celebrate the 13th multiple identities LGBTQ+ youth embody.
    [Show full text]
  • Build It Up: a Guide for Creating Effective GSA Programming
    Build It Up A Guide for Creating Effective GSA Programming About the Color A d o G Ay- S t r A i G h t A l l i A n C e n e t w o r k The Colorado Gay-Straight Alliance (GSA) Network is a program of One Colorado, a statewide organization dedicated to securing equality for lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) Coloradans. The Network was launched as part of a comprehensive plan to empower lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) and allied students to combat bullying in their schools. To support these student efforts, the Colorado GSA Network has developed tools and resources for Gay-Straight Alliances to educate their schools and communities. Colorado GSA Network was also created to build a statewide network of Gay-Straight Alliances, to connect students from across the state, and to facilitate leadership development through regional and statewide engagement. To learn more about the Colorado GSA Network, please visit our website at www.cogsanetwork.org or call 303-396-6443. t A b le o F C o n t e n t S 1 About This Guide 4 August: Welcome Back and Year-Long Planning 8 September: Sexual Orientation and Gender Identity 11 October: LGBT History Month 14 November: Transgender Awareness 17 December: Safe Schools and Bullying Prevention 20 January: Gay-Straight Alliance History and GSA Day 23 February: Know Your Student Rights 26 March: Activism and Advocacy 29 April: Intersections of Identity and Isms 32 May: End of the Year Summary 36 Appendices A b out t hi S G u i d e This guide serves as a resource for students involved in their Gay-Straight Alliance or other groups that work to end anti-LGBTQ bullying or create safer, more inclusive climates for LGBTQ students.
    [Show full text]
  • Safe Schools Equality Index Draft
    Safe Schools Equality Index Anti-Bullying Policies Has the district adopted a policy prohibiting harassment, intimidation, and YES bullying against students that specifically enumerates protections based on sexual orientation, gender identity, and gender expression? NO Non-Discrimination Policies Has the district adopted a policy prohibiting harassment and discrimination against students that specifically enumerates protections based on sexual YES orientation, gender identity, and gender expression? NO Next Steps Amplify the importance of ensuring the confidentiality of transgender and LGBQ students as guided by the Family Education Rights and Privacy Act (FERPA). Review all forms used in your school, including registration, attendance and class lists, to include options outside the gender binary for students and their families. Ensure students' affirmed names are used on anything that could be seen by other students or families, such as class lists, grade postings or seating charts. Implement procedures and guidelines that ensure the use of a student’s affirmed name in all unofficial documents such as yearbook, printed lists, ID badges, photos, diplomas, etc. Check that individual schools follow these procedures. Verify that computer filtering systems allow staff and students to search for LGBTQ resources to augment learning and well-being. Add links to your district website’s safe schools section about LGBTQ students facts, district best practices and resources. Has the district adopted a policy prohibiting harassment and discrimination YES against faculty and staff that specifically enumerates protections based on sexual orientation, gender identity, and gender expression? NO Next Steps Initiate a LGBTQ and allied faculty and staff affinity group for the purpose of ensuring district LGBTQ faculty, staff, and allies feel valued and are treated equitably.
    [Show full text]
  • U.S. Supreme Court Holds First Amendment Shields Westboro Baptist Military Funeral Protesters from Tort Liability
    LESBIAN/GAY LAW NOTES April 2011 49 U.S. SUPREME COURT HOLDS FIRST AMENDMENT SHIELDS WESTBORO BAPTIST MILITARY FUNERAL PROTESTERS FROM TORT LIABILITY A majority of the Supreme Court of the dismissed Snyder’s claims for defama- public matters was intended to mask an at- United States has held that members of tion and publicity given to private life, and tack on Snyder over a private matter.” Rob- the Westboro Baptist Church, who regu- held a trial on the remaining claims. A jury erts held that Westboro’s message “cannot larly protest military funerals holding found for Snyder on the remaining claims be restricted simply because it is upsetting signs bearing slogans expressing their dis- and held Westboro liable for $2.0 million or arouses contempt” and concluded that approval of America’s tolerance of homo- in compensatory damages and $8.0 mil- the jury verdict imposing tort liability on sexuality, such as “God Hates Fags,” “Fag lion in punitive damages; the trial court Westboro for intentional infliction of emo- Troops,” “Thank God for Dead Soldiers,” later remitted the punitive damages award tional distress must be set aside. and “America is Doomed,” was shielded by to $2.1 million. Westboro appealed to the Justice Roberts also rejected Snyder’s ar- the First Amendment from tort liability for 4th Circuit Court of Appeals, which held gument that he was “a member of a captive causing extreme emotional distress to the that Westboro was entirely shielded from audience at his son’s funeral,” stating that father of an Iraq war veteran when they liability by the First Amendment.
    [Show full text]
  • Youth Resource Guide
    YOUTH RESOURCE GUIDE March 2019 Third Edition Contents Contents _________________________________________1 Acknowledgements________________________________3 Our Mission_______________________________________5 Our Commitment to Diversity________________________5 Our Public Policy Platform __________________________7 Atlantic County Resources _________________________10 Camden County Resources ________________________13 Cape May County Resources _______________________17 Cumberland County Resources _____________________19 Gloucester County Resources_______________________20 Salem County Resources __________________________25 Southern New Jersey Regional Resources ____________26 New Jersey Statewide Resources ___________________31 Philadelphia Resources ___________________________36 Wilmington Resources____________________________38 National Resources ______________________________41 GLSEN Resources________________________________53 1 Resource Information Form________________________63 Online Donations_________________________________63 Volunteer _______________________________________63 Resource Guide PDF______________________________63 Resource Updates________________________________63 2 Acknowledgements GLSEN Southern New Jersey would like to thank the Cumberland County Department of Human Services, Youth Services Commission and Children’s Inter-Agency Coordinating Council for all of their help in collecting, compiling, and editing the information provided in this guide. We would like to thank Ocean Heights Presbyterian Church in Egg
    [Show full text]
  • April 27, 2018
    April 27, 2018 A TRADITION OF EXCELLENCE Rotary Youth Leadership Award RHS Day of Silence Upcoming Events: Project Interact’s Ireland Horan presented at the AM Ro- On Tuesday April 24, over 220 students and staff April 28: tary meeting to talk about her experience at RYLA (Rotary members participated in the RHS Day of Silence to LAX Day & Varsity Boys Youth Leadership Award). raise awareness of the silencing effect that bully- Senior Day; 8:00AM- ing, harassment and discrimination has on lesbian, 6:00PM; RHS Stadium gay, bisexual and transgender youth. The event concluded with a “breaking of the silence” pizza May 5: party, in which participants reflected on SATs @ RHS; 7:00AM; the day and enjoyed each other’s company. Campus Center May 7: Board of Ed Meeting; 7:30PM; Ed Center May 7-18: AP Exams @ RHS May 8: HSA Meeting; 7:30PM; Learning Commons RHS Exchange Trip - France “Share the Keys” 17 RHS students re- May 8: RHS’ "U Got Brains" club, which advocates teen Band Assoc. Meeting; cently returned from a driving safety, hosted a recent event called "Share 7:30PM; RHS Room 152 fabulous exchange trip the Keys.” The teen/parent driving orientation was in Lille, France. Stu- presented by NJM's Patrick McCormick, a retired May 10-13: dents stayed with their police lieutenant of 25 years from Freehold. New Players Co. Produc- French correspondents tion - The Twelfth Night; The inaugural event gathered around 100 students See Flyer on page 3 for who visited Ridgewood and parents. The presentation reinforced the GDL details.
    [Show full text]
  • Hundreds Protest Anti- Gay Church
    Ann Llewellyn McKenzie | 1925-2009 An Era Draws to Close with the Passing of Gay Rights Pioneer Ann McKenzie Baltimore’s lgbt community is mourning TOWSON—An hour before the planned protest by representatives of the Westboro Bap- loss of one of the city’s most vocal equal Hundreds tist Church on March 30, there was relative quiet. An occasional airplane flew overhead, rights advocates. Ann Llewellyn McKen- and the sound of the chilly wind gusts whipping through the leafless branches of the trees zie, 83, died March 27 at the Seasons that surround Towson High School briefly interrupted the serenity. Hospice in Randallstown of complications Protest Anti- The thousand or so students at the 60 year-old, brick and stone, 3-story structure from emphysema. A Baltimore attorney were still in their classes anticipating the final bell. But it was not a normal school day on and business owner for more than five this particular Monday. decades, Ms McKenzie suffered from a gay Church Westboro Baptist Church of Topeka, Kansas, which is notorious for its anti-gay, anti- variety of health issues in recent years, American vitriol and led by its patriarch flame-thrower, Fred Phelps, chose Towson High yet remained an important voice for lgbt By Steve Charing -- continued on page 3 equality up until her death. More than a decade before the 1969 Stonewall riot in New York, McKenzie had already made a name for herself in the Iowa Supreme Court with the recent movement by statehous- Lambda Legal filed suit with the Polk legal community as a vocal advocate for es across the nation to advance pro- County Court in December 2005 on be- reform of the state’s discriminatory laws Grants Same-Sex Couples marriage bills shows that the tide has half of six same-sex couples and their against gay sex.
    [Show full text]
  • Glsen 2021-2022 School Year Calendar
    GLSEN 2021-2022 SCHOOL YEAR CALENDAR Start planning now! The school year is full of opportunities to participate in GLSEN events, address LGBTQ+ and social justice issues, learn about diverse communities, and take action to create safe and inclusive schools for ALL! Use this calendar to schedule your GSA meetings, lesson plans, student events, and staff development workshops as part of your ongoing multicultural and LGBTQ+-inclusion efforts. AUGUST MARCH August 24 ALL MONTH! March 21-25 Marsha P. Johnson Day Women’s History Month National LGBT Health March 1 Awareness Week SEPTEMBER Zero Discrimination Day March 31 March 2 International Transgender September 5-11 September 16-23 National Read Across America Day Day of Visibility National Suicide Bisexual Awareness Week March 8 Prevention Week September 23 International Women’s Day September 15 - October 15 Celebrate Bisexuality Day Latinx Heritage Month APRIL OCTOBER ALL MONTH! April 22 Arab Heritage Month Earth Day ALL MONTH! October 14 Islamic Heritage Month GLSEN Respect Awards April 2 April 22 World Autism Awareness Day Day of Silence LGBTQ History Month National Week Against April 3-9 April 26 National Bullying School Pushout ALA’s National Library Week Lesbian Visibility Day Prevention Month October 21 April 10 October 11 International Pronouns Day National Youth HIV/AIDS National Coming Out Day October 23-30 Awareness Day October 12 Asexual Awareness Week Indigenous People’s Day October 26 MAY Intersex Awareness Day ALL MONTH! May 3 NOVEMBER Asian American and Pacific International
    [Show full text]
  • Day of Silence Contract
    DDaayy ooff SSiilleennccee CCoonnttrraacctt The National Day of Silence is the largest student run event in the country. Students take a vow of silence in order to call attention to LGBT bullying and harassment in schools. By taking a vow of silence, you're making a powerful statement against bullying, rejection, and, ultimately, silencing. The more people who are silent on this day, the louder the absence of our voices. It is time to end discrimination based on sexual orientation, gender identity, race, ethnicity, or any other part of our identities. The Day of Silence is also an opportunity to think about your own life and what you may feel silenced about due to potential harassment or taunting. Think about what the world would be like if we didn’t have to hide things about ourselves to please others? Before you commit yourself to participating in this special event, please review the following rules of the day to ensure that everything runs smoothly. • Wear red to show your support. • Sign-in and pick up your Day of Silence badge in Cafeteria B before school on April 9th. • Don’t police other people. This day is about you. Concentrate on why you chose to participate. • Remain silent. A staff member is permitted to take your badge away if he/she does not feel that you are taking the day seriously. • Try not to write notes instead of talking. • Speak to a staff member if you feel that you or someone else is being teased or taunted. • If you accidentally speak, it does not mean that the day is over for you.
    [Show full text]
  • OUT for Safe Schools Yearly Calendar
    JANUARY FEBRUARY JANUARY FEBRUARY 25, 1982 No Name Calling Week Wisconsin First In schools across the U.S., students participate in an annual week Wisconsin became the first state to enact a gay and lesbian of educational activities to end name-calling and bullying in their civil rights bill, explicitly protecting gay and lesbian identified communities. people from discrimination in employment, housing, and public accommodations. NEW YEAR’S EVE, 1967 Black Cat Raid SOMETIME IN 1969 Police raided the Black Cat Tavern in the Silver Lake neighborhood Nation’s First LGBT Center of Los Angeles, CA during a New Year’s Eve party in 1967. At that In 1969 the founders of the Los Angeles Gay Community Services time, romantic relationships between men were deemed to be Center, known today as the Los Angeles LGBT Center, began illegal and police raids of LGBT bars were common. The Black Cat providing services to LGBT youth and adults. In 1974, after a 3-year raid was unique because it prompted one of the first documented legal battle against the IRS, this Center became the nation’s first protests for LGBT rights and on February 11th, about 200 – 600 openly-LGBT organization to be granted nonprofit, tax-exempt LGBT people from different racial and social backgrounds united to status. It is now the world’s largest LGBT organization. protest the discrimination of LGBT people. BLACK CAT RIOTS, FEBRUARY 11, 1967 PRIDE (Personal Rights in Defense and Education) led hundreds in protest when police raided the Black Cat Tavern in Los Angeles and brutally beat patrons and the bartender.
    [Show full text]
  • The Day of Silence
    The Educators’ Guide to the Day of Silence The Educators’ Guide to the Day of Silence The Educators’ Guide to the Day of Silence GLSEN National Headquarters 90 Broad Street, 2nd Floor New York, NY 10004 Ph: 212-727-0135 Fax: 212-727-0254 DC Policy Office 1012 14th street, NW, Suite 1105 Washington, DC 20005 Ph: 202-347-7780 Fax: 202-347-7781 [email protected] www.glsen.org www.dayofsilence.org © 2010 Gay, Lesbian and Straight Education Network GLSEN (Gay, Lesbian and Straight Education Network) is the leading national education organization focused on ensuring safe schools for all students. GLSEN envisions a world in which every child learns to respect and accept all people, regardless of sexual orientation, gender identity or gender expression. The Educators’ Guide to the Day of Silence Contents Introduction ‐ What is the Day of Silence? ‐ What happens during the Day of Silence? ‐ What you should know Support ‐ How you can support your students’ Day of Silence efforts Organize ‐ Day of Silence timeline Additional Resources ‐ Day of Silence resources ‐ Other resources The Educators’ Guide to the Day of Silence Introduction Welcome to the Educators’ Guide to the Day of Silence. This guide was designed to inform you about the Day of Silence (DOS), what actions students may take during the Day of Silence and how you as an educator can support them. This guide will take you through GLSEN’s timeline for Day of Silence preparation and gives you suggested actions for both students and educators. What is the Day of Silence? The Day of Silence is the largest single student-led action towards creating safer schools for all, regardless of sexual orientation, gender identity or gender expression.
    [Show full text]